County in the Dark on Commissioners Lack of Vote; Shires Talks Indigent Care

May 11, 2015 - The Shelby County Commissioners chose to sit in silence in relation to an agenda item during their meeting on Monday, May 11, 2015. Audience members looked on at the silhouette outlines of most of the commissioners as they collectively failed to make a motion relating to an item with bearing on 12 counties.

Shelby County Judge Allison Harbison (pictured middle) presided over a darkened courtroom on Monday, May 11, 2015. Jennifer Fountain (foreground left), Shelby County Clerk, is seen taking notes by cell phone light.As Monday morning saw power outages in different areas of Center, the meeting progressed in a dimly lit courtroom. Everything seemed to be running smoothly until agenda item 9 referencing a resolution in support of putting in a weigh station and inspection station in Nacogdoches County and the state adding an additional 13 (state) troopers.

Allison Harbison, Shelby County Judge, presented the item to the commissioners and explained the circumstances, "Our neighboring county of Nacogdoches asked that we do a resolution supporting this. I believe they're trying to get a weigh station back on (U.S.) 59 and the judge over there just asked me if I would put it on the agenda and that's what I have done. I know with some of the things that we've been dealing with it might be nice to have a few extra available troopers in our 12 county region, but that's just whatever is your pleasure."

When Judge Harbison was met with silence, she asked the commissioners if they wished for her to read the resolution or if they had read the document. To which some gave a verbal response indicating they had read the resolution and she asked again if they wished to take action for or against the resolution.

"Obviously you don't want to take any action to give us any extra law enforcement and troopers," said Harbison.

None of the commissioners explained what they may have against the installation of a weigh station or additional state troopers as they refrained from speaking.

Devon made a donation recently of $4,000 to the Shelby County Sheriff's Department and for this donation to be accepted approval of the commissioners was necessary. Sheriff Willis Blackwell spoke on the use of the funds, "Right now we're gonna buy body cams for all of the officers, we have had them, but when we bought the first ones they were some inexpensive cameras that weren't night capable. So, we've just been without those cameras at night, you can get a little bit of a picture but the ones we're ordering are nightvision capable so we will get good video where won't get sued over something that we have a stop that we make or anything like that."

A motion was carried by the commissioners to approve the donation.

Eric Carver, Axley & Rode, LLP, gave an external audit report for Shelby County FY2014. He stated the audit went extremely well with much cooperation from Clint Porterfield, County Auditor, and other county staff, "When we looked at the government-wide statements and that when you put them all together you add the debts, you add the fixed assets the county had a really good year this year primarily due to that road grant you received. What you'll see is the overall net position of the county improved almost $3 million and most of that was that work that went in on those roads in each of y'alls different areas. Besides that you also saw your cash balance increase by about $900,000 across all the funds."

Sheriff Willis Blackwell spoke with the Shelby County Commissioners about the $4,000 donation made by Devon to the Sheriff's Department.Carver stated the reason the cash increased was all the budgeted funds, general fund and each road and bridge fund exceeded budgets and revenues and fell below budgeted expense values which carried forward into the next year. Carver stated a management letter was issued which pointed out some issues the county still has with an inadequate segregation of duties in some fee offices. He also said the county has been addressing these issues.
Stephen Shires spoke on behalf of his company Disability Needs which can file for indigent health care funds on behalf of the county. Shelby County has an indigent health care fund and when individuals match certain criteria they may receive assistance from this fund.

"Part of my practice involves social security disability and the fact is once somebody becomes eligible or receives social security disability or supplemental social security income, SSD or SSI, they then become eligible for medicaid or medicare.," said Shires. "Now after that happens there is a very limited window where the county can go back and bill medicaid or medicare and get a reimbursement of those funds."

Shires said he has spoken with at least three different county judges about these reimbursement opportunities and at times the county has attempted to regain these funds; however, he thinks the county has missed out on opportunities to receive all funds it possibly could. If these funds are acquired, it feasibly replenishes the fund and allows opportunity to help others in need.

It was proposed by Shires for the county and Disability Needs to work under contract for six months to see how well the process works and Judge Harbison stated she has not yet heard from Gary Rholes, County Attorney, on the contract. The contract carries with it a contingency, if no reimbursements are acquired then no money is owed to Disability Needs. A motion was carried by the commissioners accepting the contract with Disability Needs contingent on the approval of Rholes.

Stephen Shires is seen speaking with the commissioners about indigent health care.

Agenda items receiving approval include:

    Minutes of the April 13th Regular Meeting, and the April 16th, 2015 Public Hearing Meeting, and the April 27th, 2015 Special Meeting of the Shelby County Commissioners' Court.
    Pay monthly expenses.
    Officers' Reports.
    Treasurer Report on technology improvements for the JPs.
    Approve Barbara Walton's bond and appointment as Assistant Treasurer.
    Accept donation from Devon Energy to the Sheriff's Department in the amount of $4,000 for equipment.
    Presentation by Eric Carver of Axley & Rode, LLP of the Shelby County FY2014 external audit report.
    Appoint Allison Harbison and Ann Blackwell to the DETCOG Board of Directors, for the 2015-2016 year.
    Approve an Agreement between Shelby County and Disability Needs authorizing Disability Needs to file for refunds of Indigent Health Care expenditures for the County contingent on approval of Gary Rholes, County Attorney.
    Adjournment at 10:09am.